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Please. Ray, you gave me Great advice related to a case I…

For Ray Only please. Hi Ray...
For Ray Only please.
Hi Ray, you gave me Great advice related to a case I was involved in this past year. I have a different type of case now. St. Louis City Circuit Courts for Rent and Possession. I am the building owner and landlord.I had a signed contract with tenant and she has not paid since September. At court last week, is was different than any other Eviction in 30 years. This judge appeared to be Hostile towards me. The tenant offered no reason for not paying me rent. LATE FEES and how they are to be calculated we included in the written lease agreement. The judge sent us outside the courtroom to meet with 3 Washington University Law students to try to mediate this situation. During that discussion the Tenant offered to pay me $2,000 by Monday (March 26) to let this entire case go. We did NOT come to agreement during mediation.Back inside the courtroom, after being sworn in:I had Quicken reports detailing rent payments and each monthly calculation of Late Fees and Late Rent Due. I had the lease agreement. I had many texts and email related to me giving her "30 Day Notice" 4 months ago etc.Judge Scott Anthony Millikan told the court recorder to "turn off the recorder". "We are going off the record". He told me, "I am NOT going to award you late fees. I am not even going to look at that." The judge then went on to say to me "Do you know that if she [defendent] did not show up, you would have LOST." I responded, "No I would have won the judgement by default". Judge responded with "Well, I would have granted the eviction, but I would NOT even consider awarding you any of the Late Rent".So Ray, in the end I argued successfully and I offered an agreement (that was verbally kept off the record by the judge). I offered to forgive half of the late fees ($800) and forgive $1,000 of late rent IF the tenant agreed to pay me $2,000 (she said she had) and to make me monthly payments of $142 for 18 months to payoff the remaining balance of the Late Rent Due.[off the record - not being recorded], In front of the judge, the tenant Agreed to everything I asked for. The Judge was so pathetic. He looked like he was going to cry when looking at the defendant. He practically begged the defendant three times to "reconsider what you are agreeing to. Are you sure you want this? Where will you move to? How will you afford to move?"Oh My God!Reluctantly the Judge had the 3 Law Students draft a Consent Judgement with all the terms I asked for. Judge, defendant and I all signed it.My concern is that I did NOT receive the $2,000 on Monday March 26 as promised (in the Consent Judgement) and that IF I have to go back to court, this Judge Millikan will make the terms More in favor of the defendant (ignoring the Written Contractual Lease Agreement). Remember he kept asking the defendant "are you sure you want to agree to this?"I want this Judge removed from any further or future involvement in the case.QUESTION: How and what forms or process can I do right now to have him be Recused? Do I simply ask for Change of Venue? or can I go on the Record, with the detail I noted above as to Why I want him removed from this case. I want any future Judge assigned to Know that have the legal right to seek and be awarded no less than what I asked for in court previously.Many thanks Ray,The Petitioner
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Answered in 4 minutes by:
3/28/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,359
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Rule 51.05 now provides the procedure by which a party can procure a change of judge in a civil case. Rule 51.05(a) states, in pertinent part, that a “change of judge shall be ordered in any civil action upon the timely filing of a written application therefore by any party.” Thus, like its predecessors, Rule 51.05 offers a civil litigant a virtually unfettered right to disqualify a judge on one occasion; and it is still the case that a Missouri litigant who wishes to remove a judge from presiding over a civil proceeding need not allege any cause in order to obtain judicial disqualification.

Pursuant to that rule, whenever a party properly presents and serves a change of judge application the request for a change of judge must be sustained unless it has already been exercised once, or has been waived by allowing the judge to rule on a substantive matter. Rule 51.05, moreover, neither requires any specific form of application, nor that a motion be filed. It should be noted, however, that Missouri’s present civil judicial disqualification rule, as amended, does represent a substantial departure from prior practice in that it mandates that, for a change of judge to be effective, the procedures set forth in Rule 51.05 must be adhered to. The principal requirement is that the request must be made in a timely manner.

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You may want to ask the court clerk if they have a sample of change of judge in a civil case

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,359
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
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Customer reply replied 26 days ago
Thank you Ray! I appreciate your expert advice as always!
:O)

Have a good evening.

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Customer reply replied 18 days ago
for Ray Lawyer only please:Ray I went to the judges court room (3 business days after the Eviction Court date). Told his clerk what I wanted; gave her a statement quoting Mo Rule 51.05 and 51.05(a) asking for that Judge Scott Anthony Millikan be removed from any further actions in this case. I went a step further, even though MO Law does not require me giving specific reason, I did. In writing I explained that this "Judge" displayed bias towards the tenant (defendant) and that he "told me (while the recorder was turned off) he was not going to award me Late Fee's as stipulated in the signed written lease agreement and he also told me that if the tenant has Not shown up for court that you [me the Landlord - Plaintiff] would have LOST this case". I said, "may I speak? and proceeded to say, No I would have won by Default judgement". The Judge then told me "Well I would have granted the Eviction, but I would NOT have given you any of the 7 months Late RENT".His court room clerk took this to Judge Scott Anthony Millikan and he (in writing) said "Denied- Untimely Filing".The court room clerk came back to me with his Signed response and shook her head. Telling me she is not an attorney and can not advise me what to do next.Ray, what is my next Legal move to get him Removed from this case? The tenant was supposed to be out within 10 days. It has been 15 days and she is Still there. NOT responding to any of my text messages.I believe Judge Scott Anthony Millikan is playing "Games" with me because of that case earlier in the year I consulted you on, when I APPEALED a decision of another St. Louis City Circuit Court Judge ***** ***** II (completely unrelated matter).There is NO justice in the St. Louis City Circuit Courts ~~ They seem Very Corrupt!
Customer reply replied 18 days ago
I know I can call the police, or at least I should, by law be able to. BUT Judge Scott Anthony Millikan almost cried tears for the tenant - Defendant in court and now that she won't move, I believe the Judge will Reverse his decision. To that, I noticed that he DID NOT SIGN the Consent that he gave me in Eviction Court, rather he left the case OPEN (Continued) and has a date from 18 months from now (the 18 month period the tenant was to make me Monthly Payments to pay off her Late Rent Balance). And that is why I want this Judge REMOVED from my case asap. Can you give me advice please.

You have two options.You can try a motion for recusal here trying to get it moved.This is risky but sometimes if you feel you have to then you file it.

Other option here is a lawyer, they can make a better presentation and deal with the judge.Often judges don't like dealing with pro se folks, a lawyer has a whole different outcome.

These are your options as I see them.

Recusal rules

http://www.judicialrecusal.com/missouri/

Lawyer referral here

Contact Information:

Bar Association of Metropolitan St. Louis - LRIS
Website: http://www.bamsl.org/?page=LRIS
Phone:(###) ###-####**@******.***

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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I found you a sample motion

http://www.djonesassoc.com/sampledocs/changeofjudge.pdf

Good luck here with all, prayers to you.

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Customer reply replied 15 days ago
Thank you so very much Ray. :O)

Take care , talk to you again soon.

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